UK Planning System: NPPF, Section 38(6) & Development Plans
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Introduction : UK Planning System Fundamentals
“THE PLANNING SYSTEM SHOULD BE GENUINELY PLAN-LED”
With reference to the relevant section of the NPPF and current guidance/legislation, explain what you understand by this statement and how the NPPF suggest that it should work.
ANSWERS
The planning system for the country of England as well as Wales which has been set out in the act of town and country planning (Liu, 2018) in the year 1990 and also in the other current legislations and statue of the same countries.
There is a local development plan that eventually helps the government of the country of England as well as Wales in setting out a broader framework which is done for accepting the development in the areas. There are inclusions of the numbers of the documents in this local developmental plan framework. The principal plan which is set out for some specified area, that is also known as the core strategy (Chitty, et al., 2019)of the government. Here the prescribed government is called local planning authority that is head of local council. The council is that council in which the people of the local area pay the tax. This local council is somewhere responsible for setting out a broader directionfor required development in the area, as well as the major locations which are required changing like developments in the large area.
The core strategy is somewhere often supplemented by the plans in which we are going into the detail, on a specified or the (Chitty, et al., 2019) particular area, such as new areas of the housing or the centres of the town. There might be presenting of the documents which also covers those matters that includes buildings and their designs.
Even in the country of England, some of areas are even get served with the neighbourhood developmental plans. And in the country of London (Chitty, et al., 2019), there are some strategic plan of London, which is served by the mayor of London for the whole city that is known as London developmental plan.
The authorities of local planning, are required to pay attention to the national planning policy framework, which is also known as NPPF, while being in the procedure of drawing up the core strategies of the local area, and also some other plans. The national planning policy framework is that framework which covers (Chitty, et al., 2019) the overall matters, such as growth of the economy, or housing or shopping as well as the green belts that help the environment of that local area too.
For the purpose of planning in the country of England, the national planning policy framework that is NPPF, is prepared which help in providing the required level of guidance for preparing the planning policies (Lennon, et al., 2018) by the prescribed local authorities and also the determination of a new developmental proposals. If there isany planning or decisions or the projects which are to be made in the country of England, then it is needed to get confirmation as per the given guidelines which are already laid out by the government in the national planning policy framework that is NPPF. When there was first publishing of the national planning policy framework that is NPPF in the year 2012, it was responsible for stream lining the multiple of the projects and the policies into a single set of the documents. But the country United Kingdom is in the middle (Lennon, et al., 2018) of substantial political as well as the economic shifts still there is more appropriate need of the affordable housing and thus there are also need of online services for the purpose of planning digitally which has begun to emerge as well. There were two major revisions in the national planning policy framework that is NPPF, which was made in the month of July in the year 2018 and the other minor updating has taken place in the month of February in the year 2019. The new national planning policy framework that is NPPF, helpful in retaining the overarching theme in relation with the sustainable development (Chitty, et al., 2019). The most striking change which has taken place in a renewed manner that put emphasis on the plan making as well as plan processing and the delivery of the housing.
How the revision in NPPF has been affecting the communities positively and their engagement in housing as well as the residential developments-
Local plans are the key-
The NPPF states the planning system should be genuinely led and thus it strengthens the better position of some plans which are local that make sure about the permission of the application that are complementary to the objectives of the local authority.
The value and the use of the digital tools-
In the year 2012, the NPPF has been lacking the use of the digital tools but in the year of 2019, it was presented with the better use as well as the value of the digital tools.
Clearly articulating the early engagement-
The applicants are hereby motivated for the development of clear approach so that current engagement practices (Chitty, et al., 2019) could be revisit.
Better quality of the proposals-
The national planning policy framework design, advice as well as review the assessments frameworks which helps in the checking the quality of the proposals.
Stronger engagement with the (Lennon, et al., 2018) neighbourhood planning-
the national planning policy framework that is NPPF, there is a higher level of the drive for the local authorities which would engage them in further discussions. It also avoid the mentioning of the evidences across the councils.
The right housing in the right places-
The national planning policy framework that is NPPF is responsible for encouraging the local authorities for developing (Lennon, et al., 2018) a clear as well as up to date view for developing the land. It would compel the local authorities to be more rigorous.
The national planning policy framework, which is also known as NPPF, helps in setting out of the policies for country like England (Chitty, et al., 2019) and Wales. This framework which is the national planning policy framework, which is also known as NPPF, was introduced by the national government of country England, in the month of march in the year 2012. This framework is also get supplemented by notes of PPG that is also known as planning practice guidance.This note helps in guiding some of the specified issues such as the quality of air, change in climatic conditions, risk of the flood, as well as the coastal change (Lennon, et al., 2018).
The planning policy which is set out for the country of Wales is called planning policy wales. This planning policy get supplemented by a perpetual series of the planning,that is known as technical advice notes which is also called TAN and other specified circulars on the chosen projects.
The paragraph 15 of the National Planning Policy Framework (NPPF) (Chitty, et al., 2019) published in February 2019 states that:
“The planning system should be genuinely plan-led” and also has been further stated that it must be succinct and have up to date plans which would help in providing, a positive vision for the future of the each of the area. It is the framework which is required for addressing of the needs of housing as well as other economic, (Lennon, et al., 2018) as well as social, and the environmental related priorities and thus it is also treated as one of the platformsfor the local people of the England which help them in shaping up their surroundings for their better future.
There were three major issues which with the previous proposal that led some changes in the National Planning Policy Framework (NPPF) which was introduced in the year 2012 and further made a revision and published in the month of February in the year 2019 states that:“The planning system should be genuinely plan-led”. These issues or the problems are discussed as below are-
There are the changes which were creating risk in the two-tier planning system, whereas there were some of the communities that have been diminishing on many different issues like the design of the housing projects and many others.
The exceptions (Liu, 2018) which were multiple in the numbers have crept in and thus it was potentially giving some of the developers of the project which were related with the infrastructure, their licenses so that they could try their luck on the sites. This would be helping them to make (Chitty, et al., 2019) it through the way of council that might be either national or might be local. And furthers there were procedures regarding the allocations led by the communities.
The new way for making calculations regarding numbers of homes that any of the council either local or national is required to build in their area and in the country respectively (Coleman, 2018).
According to the new methodologies there are several local authorities which are located in the south east area of the country (Lennon, et al., 2018) of England has been facing a high number of the increase in the numbers of housing. These are some certain areas which is constituted of the larger areas of the landscapes which are very much protected.Thus, this is the issue which was under the greatest pressure by the public to the prescribed authority.
There are multiple high targets which are further accompanied by newtest called housing delivery test. It is designed to (Lennon, et al., 2018) ensure that the prescribed local authorities are delivering the homes in according with their local plans. This would help in unfairly scapegoats of the local council as well as local councils and the communities for such problems that is not necessarily considered as the faults of the local councils.
If due to any reason, the council is failure in the delivery of new housing delivery test, then there is a presumption which (Lennon, et al., 2018) is in the favour of the sustainable development, and this is what directly applies on to these circumstances or the condition or the situation which is prevailing. It would simply mean that unless there are some of the reasons which are compelling enough for refusing the development, then it must go ahead.
It is also not to be much surprising that the prescribed local authorities of the area and the communities as well as the developers which are working for these projects very often do not agreeabout some of the unfavourable as well as the adverse effects and the impacts of the development. They would significantly (Coleman, 2018) as well as demonstrably out weigh the benefits of the development. There isalso a presumption which would not apply in the prescribed areas that are designated which involve some areas of the outstanding natural beauty that is AONB as well as the national parks. It is also observed that in the past, where it was presumed that the local authorities have still not met the need of the housing of the people of the local areas, thus it has (Coleman, 2018) resulted in the development of the large housing which was being approved against the will or the desire of the local people in that area, often situated in the open side of the country.
In some of the rural areas, it is quite often inappropriatefor the allocation of the larger sites which has taken place for the development. In the year 2012, there was an element of the market,in relation with the (Pineo, et, al., 2020) housing development that was allowed to cross the subsidise delivery of the sites which are in the exception to the rural sites that came forward eventually.
According to the guidelines which are proposed that they should be adjacent for such of the settlements which are already existing and it led in the compromising of high proportion of the homes that is entry level. Crucially these are required to get allocated outside the local planning system of the area. It means (Liu, 2018) that the sites which are considered not much appropriate for the development during the process that could come forward as one of the entry level exception sites. The National Planning Policy Framework, that is NPPF, is responsible for placing a considerable weight on these sites which result in limiting the ability of the local authorities who could refuse these circumstances. This is matter of deep concern that it will further undermine such processes of the allocationsand thus it will simply cause the increase in the price of the land, and this would decrease the numbers of such sites that are rural exception, that help in providing a genuinely affordable housing for the people residing in the rural areas (Pineo, et, al., 2020).
However, the proposal of the new National Planning Policy Framework, that is NPPF, is responsible for setting out of the local council which should ensure that there is a plan that help in addressing of the strategic priorities for their area. This is considered as a spatial development strategy of the prescribed authority. However, it sometimes also appears that there is no requirement of producing(Coleman, 2018) of a local plan for addressing of the more such issues that are detailed in nature. Despite there should be revised NPPF, that is the National Planning Policy Framework which will be stating that there are strategic plans that should not be extended to such matters which are detailed in nature. These are more appropriately dealt with the help of so-called neighbourhood plans, or the other policies that are local in nature (Coleman, 2018).
Further it is also considered a matter of shame that if this policy will be resulted in the emergence of a system that is a two-tier system, and also where these communities have a saying up on the design as well as mixture of their housing if compared with the others as well. The best planning system is what in which one is believed to be in. it will somehow include the combination of local (Pineo, et, al., 2020) plans as well as national plans and also the strategic plans. It helps in providing the communities to their greatest involvement as well as also gives the communities to its strongest level of the protections which is very necessary for the assets regarding heritage as well as the environment and the nature.
Discuss, with reasoning, whether or not, in your opinion, the statement is consistent with the requirements of section 38(6) of the planning & compulsory purchase act 2004.
ANSWERS-
In part three of the Planning & Compulsory Purchase Act 2004, there is a plan which known as development plan (Allmendinger, et, al., 2019). This developmental plan is covered under section 38, of the Planning & Compulsory Purchase Act 2004. It is written in the subsection 6 of section 38 of the Planning & Compulsory Purchase Act 2004, that if considered in regards that is to had the plan for development for the purpose (Airey, et, al., 2018)of determining which is required to be made under various acts of the planning, then this determination must be made in the according with the plan unless there is any such considerations which is materials or otherwise. Therefore, I agree that the statement is consistent with the requirements of Section 38(6) of the Planning & Compulsory Purchase Act 2004. The act that helps in the introduction of the new system of planning for nation which was quite significant for such projects that help in development (Allmendinger, et, al., 2019) in the infrastructure is called planning act, which came into effect in the year 2008. There are various national policies which helped in setting out the statements that is called as national policy statements.
The principle which is reflected under section 38 and subsection 6 of the Planning & Compulsory Purchase Act 2004, that help in requiring a determination which is made under the different acts in relation with the planning system of country like England and wales. These are the acts which are made in the accordance with the plan regarding developments unless some of the material considerations are stated as well. If there is any simple interpretation of this section which help in (Airey, et, al., 2018) suggesting that decision maker must consider that whether the proposal that is in relation with the development must be in accordance with the developmental plan, and then considering whether any material considerations justifying being departing from the policy being considered, and thus each is treated as conceptually distinct from each other(Allmendinger, et, al., 2019).
Justice Hickenbottom has held in one of the very recent cases, that section 38, subsection 6 of the Planning & Compulsory Purchase Act 2004, have never required a two-stage process which is quite rigid. The judge Hickenbottom has further made a comment that the other considerations which are quite important or material, could be inextricably interwoven with the other considerations that exists within the plan.It is explained for example that when there is presumption in the NPPF (Allmendinger, et, al., 2019) that is the national planning policy framework, it is presumed for the sustainable development because of some direct application. The judge Hickenbottom has further also agreed with some of the previous judgements that the decision makers (that is local authority or national authority) must be having a wider sense of discretion as about how they have been meeting the requirements of section 38, sub section 6 of the Planning & Compulsory Purchase Act 2004,and thus it could include a one stage process where it seems to be appropriate (Allmendinger, et, al., 2019).
The judge Hickenbottom has also held in the relevant case laws that as long as these developmental plans (Airey, et al.,2020) and the policies are required to be understood properly, and thus being in engaged with consideration to the proper regard, whenever required. It is paid towards the statutory priority of the developmental plans and the policies. The decision makers are not expressly determined about that whether there exists a developmental proposal or not that is in according with the plan regarding development in the country (Allmendinger, et, al., 2019).
Legislations
TOWN AND COUNTRY PLANNING ACT, 1990
PLANNING AND COMPULSORY PURCHASE ACT, 2004
THE PLANNING ACT 2008
NATIONAL PLANNING POLICY FRAMEWORK, (NPPF)
References
Airey, J. and Doughty, C., 2020. Rethinking the planning system for the 21st century. Policy Exchange, London, https://policyexchange. org. uk/publication/rethinking-the-planning-system-for-the-21st-century.
Allmendinger, P. and Haughton, G., 2019. Opening up planning? Planning reform in an era of ‘open government’. Planning Practice & Research, 34(4), pp.438-453.
Budiman, H., Mashdurohatun, A. and Suparman, E., 2020, May. Factors Influencing the Implementation of Spatial Planning Policy in the Regions (A Case Study in Region III Cirebon). In International Conference on Law, Economics and Health (ICLEH 2020) (pp. 113-118). Atlantis Press.
Chitty, G. and Smith, C., 2019. Principles into Policy: Assessing the Impact of Conservation Principles in Local Planning Policy. The Historic Environment: Policy & Practice, 10(3-4), pp.282-299.
Coleman, A., 2018. Towards integrated approaches to planning for water. Town & Country Planning, 87, pp.215-19.
Hervás-Gámez, C. and Delgado-Ramos, F., 2019. Drought management planning policy: from Europe to Spain. Sustainability, 11(7), p.1862.
Hogan, P., 2017. Delivering on the National Planning Framework. Journal of the Statistical and Social Inquiry Society of Ireland, 47, p.112.
Kyvelou, S.S. and Gourgiotis, A., 2019. Landscape as connecting link of nature and culture: spatial planning policy implications in Greece. Urban Science, 3(3), p.81.
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Liu, J., 2018. Coordination through Integration A critical review on the spatial policy and spatial planning system of France. International Review for Spatial Planning and Sustainable Development, 6(3), pp.125-140.
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Pineo, H., Bevan, S., Ruck, A., McNab, D. and Deidda, C., 2018, February. Translating community perceptions of health and place into local planning policy and monitoring frameworks. SALUS (Science, Architecture, Lifestyle, Urbanism, Sustainability).
Pineo, H., Zimmermann, N. and Davies, M., 2020. Integrating health into the complex urban planning policy and decision-making context: a systems thinking analysis. Palgrave communications, 6(1), pp.1-14.
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Waldron, R., 2019. Financialization, Urban Governance and the Planning System: Utilizing ‘Development Viability’as a Policy Narrative for the Liberalization of Ireland's Post?Crash Planning System. International Journal of Urban and Regional Research, 43(4), pp.685-704.
